T 960 
.LI E5 
Copy 1 




t-'>^^/<^NWOOci. 






OF THE PROCEEDINGS OF 



BERGEN COUNTY, NEW JERSEY, 



IN RELATION TO THE 



Suspension and Removal of 



FROM THE OFFICE OF 




Commissioner General, 

From the United States 



TO THE 

r 



9 



AT 



VIENNA, AUSTRIA 
1873. 




*f Wa^ 



HACKENSACK, N. J. : 

NEW JERSEY REPUBLICAN STEAM PRESSES. 



-f 






STATEMENT AND REPORT 

OF COMMITTEE. 



In the latter part of April, 1873, the country was sur- 
prised by an announcement from Washington that the 
Commissioners to the Exposition at Vienna had been 
suspended from office on charges of " irregularities " in 
the Commission, and that, in a few days, the particu- 
lars would be made known. 

None were more surprised at this announcement than 
the people of Englewood and its yicinity, in Bergen 
county. New Jersey, among whom General Thomas B. 
Tan Buren, the Chief Commissioner, resided, and to 
whom he was personally known as a gentleman of the 
strictest integrity, whose honor and reputation were 
without a blemish. The active and prominent part 
which he had occupied in the ranks of the Republican 
party in New Jersey, and his arduous and unselfish 
labors for its success, had made him widely known all 
oyer the State, and awakened everywhere a general 
iaterest and anxiety to know what were the " irregulari- 
iies " which it was understood had been reported to the 
Oovemment by Mr. Jay, the United States Minister at 
Yienna, and upon whose recommendation the entire 
Commission had been suspended. This anxiety, how- 
ever, was not allayed, for the Government, instead of 
giving the promised information, continued mute, while 



all sorts of rumors were being industriously circulated to 
the prejudice of General Yan Buren. 

In this condition of suspense, some of the well known 
residents of Englewood and its vicinity thought it 
proper to address the following letter to the President 
of the United States, to be presented to him when he^ 
should return to Washington from the West : 

Englewood, N. J., May 3, 1873. 

To THE President : — The undersigned, residents of Ber- 
gen county, New Jersey, venture to address you in reference 
to the suspension of General Thomas B. Van Buren from his- 
position as United States Commissioner to the Vienna Exhi- 
bition. We should have done so at an earlier day, if you had 
not been absent from Washington. In the meantime, we 
have waited patiently for an official statement of the charges 
that would justify a proceeding apparently so harsh ; but as- 
none has yet been made public, we are still ignorant of their 
precise character, the motives that instigated and the evi- 
dence that supports them. 

As friends and neighbors of General Van Buren, we have 
entertained a high opinion of his integrity, and, thus far, 
that opinion remains unshaken. 

We know with what zeal, energy and self-sacrifice he de- 
voted himself for nearly a year, under difficult circum- 
stances, to the discharge of the arduous duties he had as- 
sumed ; and we cannot avoid feeling that to suspend him on 
the eve of their successful completion in a foreign country, 
and in a manner so summary and injurious to his character 
and reputation, and before he has been heard in his defense, 
was an act that could only be justified by a graver offense 
than any we have seen imputed to him. 

In the absence of evidence, we are unable to believe that 
he has acted improperly, or knowingly permitted others to 
do so. 

We come to ask of your Excellency, fair, just and gen- 
erous treatment of General Van Buren on the part of the 
Government ; and that, so far as we are at present advised, 
we think he has not received. 

Until he has been heard in his defense, at a proper time 
and place, and before impartial examiners, no venial fault, 
and no trivial, malicious or unsupported charges should, in 
our opinion, operate to prevent his immediate restoration to 



the position from which he has been suspended in such an 
extraordinary manner. 

Very respectfully, 



Dan'l Drake Smith, 
Robert Rennie, 
Francis Howland, 
J. A. Humphrey, 
E. A. Walton, 
J. Wyman Jones, 
Livingston K. Miller, 
James O. Morse, 
Lebbeus Chapman, Jr., 
Charles P. Marks, 
R. Ba^^lis, 

J. Augustus Johnson, 
George S. Coe, 
Jacob S. Wetmore, 
Elwood Waiter, 

B. Murray, Jr., 
Thos. L. Taylor, 

C. N. Jordan, 
Edwin A. Saxton, 
Stephen G. Clark, 
Charles D. Kellogg, 
H. B. Turner, 
Chas. E. Parker, 
Henry A. Barling, 
Wm. P. Coe, 
Charles H. Booth, 



W. R. Yermilye, 
David Hoadley, 

E. W. Andrews, 
I. Smith Homans, 

F. B. Nichols, 
Henry W. Banks. 
Sheppard Homans, 
E. C. D. Kittredge, 
D. W. Geer, 
Junius Smith, 

V. Tilyou, 
James L. Dawes, 
Henry M. Booth, 

Pastor Presby'n Church, 
J'. Augustus Duryee, 
John A. Duryee, 
W. Hart Smith, 
J. Hugh Peters, 
Charles T. Chester, 
John H. Lyell, 
Charles A. Fisher, 
Edward D. Foster, 
Wm. King, 
Thomas M. Wheeler, 
Alfred A. Post, 
Donald Mackay. 



On the 16th of May, C. N. Jordan, Esq., received 
some written communications from General Van Buren, 
and deeming it advisable to submit them to a meeting 
of discreet citizens, neighbors of General Van Buren, 
for consultation and ad^dce, special invitations were 
given, and on the evening of the ITtli of May, about 
one hundred intelligent and influential gentlemen, kre- 
spective of party, were convened for that purpose at the 
rooms of the Protection Society, Engiewood. The as- 
sembly having organized by appointing a chakman and 
secretary, the object of it was stated by Mr. Jordan, and 
then the several communications and documents from 



General Van Buren were read. These added confirma- 
tion to the strong belief already entertained that 
General Yan Buren had honorably and faithfully dis- 
charged the arduous labors of the important trust 
imposed upon him by his acceptance of an unsohcited 
office. 

Remarks and suggestions were made by Francis How- 
land, Esq., Hon. Ashbel Green, Sheppard Homans, 
Esq., Rev. H. M. Booth, Jas. O. Morse, Esq., L. Chap- 
man, Jr., Esq., and several others, when it was finally 
resolved to appoint a committee of five citizens, whose 
duty it should be to ascertain, if possible, all the in- 
formation in possession of the Government upon which 
it had acted in suspending General Van Buren and the 
whole Commission with power to take any measures 
they might deem necessary and practicable, to prevent, 
if possible, any injustice being done by the Government 
to General Van Buren. 

The assembly then nominated and appointed the fol- 
lowing committee: Daniel Drake Smith, Washington 
R. Vermilye, J. "Wyman Jones, Hon. Edward A. "Walton, 
Conrad N. Jordan ; and then adjourned, subject to 
the call of the Chairman, whenever the Committee 
should desire to report. 

On the morning of the following day, there appeared 
in the New York papers the following statement tele- 
graphed from Washington : 

Washington, May 17; 1873. 
In reply to the solemn assertions contained in the affida- 
vits of General Van Buren, late United States Commissioner 
to Vienna, the Secretary of State says that at 64 Liberty 
street, New York, is a restaurant kept by J. Sutherland, who 
distinctly states and affirms to the authorities of the State 
Department, and has so stated to three prominent gentle- 
men of New York, who have made affidavits to the fact, that 



General Van Buren came to him and offered him a place in 
the Exposition, if he would agree to divide the profits. 

Neither the President nor Mr. Fish entertain a doubt re- 
garding the truthfulness of the assertion, and if they had 
doubts of this there is other testimony of even a stronger 
character. Mr. Fish also says that the statement that Mr. 
Van Buren 's Assistant Commissioners were appointed on his 
(Secretary Fish's) recontmendation, is utterly untrue. 

Mr. Van Buren was allowed to select his own men, and 
every one of the old board was appointed at Mr. Van Buren 's 
request. 

This being the first specific charge published against 
General Van Buren, and clothed in language which gave 
it the appearance of emanating directly from the State 
Department at Washington, the Committee at once re- 
quested three gentlemen, Thos. L. Taylor, Esq., Geo. 
Dickinson, Esq., and Lebbeus Chapman, Jr., Esq., to 
call upon Mr. Sutherland, the person named in the pub- 
lication, and ascertain what truth there w^as, if any, in 
the statement. 

These gentlemen immediately called upon him and 
made a thorough inquiry, and, as soon as it was termi- 
nated, they wrote out a statement, giving in full all the 
questions propounded and the answers thereto, and cer- 
tified the correctness of the same by their affidavits be- 
fore a notary public. 

The result may be summed up briefly, thus : — That 
General Van Buren had called upon him and shown 
him the plans of the Exposition Buildings at Vienna, 
and said that he wanted some one to go there and open 
a first class American restaurant, and proposed that he 
should go : — That Sutherland declined, for the reason 
that he had as much business at home as he could 
attend to : — That General Van Buren never said any- 
thing to him about " dividing profits," and that the 
pubhshed statement which they showed to him and 



8 

read, " was not true": — That lie had never had any cona- 
munication with, nor made any affirmation whatever, to 
the authorities of the State Department in reference to 
the subject : — That he had stated to Mr. Sidney Web- 
ster (a son-in-law of the Secretary of State) after the 
Commissioners were suspended, when he dined with 
him, and told him he was going to Yienna : — that Gen- 
eral Yan Buren had called upon him, and wanted him 
to go to Yienna : — that said Webster, as he was leaving 
the room, made a remark to this effect, " I suppose 
Yan Buren wanted to divide profits with you ?" — but 
he was gone before any reply could be made : — That 
the next day, or soon after, three other gentlemen 
came there to dine v/ith him, and, the conversation 
turning upon the troubles at Yienna, he had repeated 
the story of General Yan Buren calling upon him, and 
might have expressed an opinion that the Commission- 
ers were corrupt. 



The allegations against General Yan Buren contained 
in the publication, having been thus proven to be en- 
tirely false, the Committee were desirous to ascertain 
what information, statements or evidence the State De- 
partment might be in possession of, in reference to this 
or any other charges against General Yan Buren ; 
and they determined to proceed to Washington and 
call upon Mr. Fish for that purpose, and also to see 
the President, who had then returned from the West. 

Their intention became known to several prominent 
citizens in different parts of the State, who expressed 
a willingness to accompany them, if the Committee 
would notify them in time to enable them to make the 
necessary arrangements. 



9 

On tlie afternoon of tlie 20tli of May, the Committee 
decided to go that evening, and could not, therefore, 
notify, in time, those who desired to accompany" them. 
On the way, however, the Hon. John Davidson joined 
them at EHzabeth, the Hon. John Hill at Trenton, and 
Piobert Rennie, Esq., met them at Washington. 

The Committee were disappointed in finding that Mr. 
Eish, the Secretary of State, had left for New York, and 
took measures to procure, if possible, an interview with 
liim there on theh^ return, which, however, failed. 

They then called on the President, and, being intro- 
duced by the Hon. John Hill, addressed him as follows : 

Your Excellency : 

We appear before you as citizens of New Jersey. Five 
of us constitute a Committee appointed by a meeting of citi- 
:zens, the friends and neighbors of General Van Buren. Otlier 
well known and distinguished citizens have come here 
with us. 

We are jealous of the honor of Xew Jersey-, and feel an in- 
terest in the honor o'f each one of her citizens. 

When your Excellency appointed, and the Senate con- 
firmed General Yan Buren as United States Commissioner 
to the Exhibition at Vienna, he was an honorable man, 
worthy and capable of filling the position which, unsolicited 
by him, he accepted for the honor which a faithful and suc- 
cessful performance of the trust might confer upon him. He 
has given his time, his labor and his means, in order that the 
industry of our countrymen might be creditably represented 
at Vienna, We believe him to be, to day, the same honor- 
able man that he was on the day you appointed him. 

We believe that no act of his, as Commissioner, has cast 
any shadow on his own personal honor, or the honor of our 
State for country; and that, whatever of public scandal or 
national mortification we have been subjected to, is not to be 
attributed to any acts of his. 

General Van Buren has been suspended and removed from 
his office. It is not now our purpose to exercise our privilege 
.as American citizens, to comment upon the action of our 
Government, or any department of it, or of our Minister to 
Austria, or to express any opinion thereon, further than to 
-say that the effect has been to put an unparalleled indignity 
.and disgrace upon an honorable and worthy citizen, who, by 



10 

his arduous public labors, as we believe, honestly and faith- 
fully performed, deserved to be treated with some considera- 
tion, fairness and justice. 

We deem it to be one of the highest and most ennobling^ 
attributes of a Government to repair the wrong or injustice 
which it may have unintentionally inflicted upon a citizen ; 
and, believing as we do, that a love of justice animates your 
Excellency, we hope that, in your wisdom, you will find some- 
way and opportunity to extend, without delay, justice toward 
General Van Buren. We remember that one of your illus- 
trious predecessors — one of our great Presidents — often 
referred to the old maxim, " Let justice be done, though the- 
heavens should fall !" 

It is one of the objects of our mission here to-day to express- 
to your Excellency, as we now do, the unabated confidence- 
of the citizens of New Jersey, so far as represented by us, in 
the honor and integrity of General Van Buren. 

Another object of our mission is, to ascertain the precise 
nature and extent of the charges and representations upon 
which the Government has acted in displacing him from his> 
office. In his letter to your Excellency, which, not without 
some regret and surprise, we have seen published in a daily 
journal, we notice that he prays your Excellency to give him 
that information ; and we, as his friends, join in that prayer, 
believing as we do, that it is his right, and our right, as citi- 
zens, to know upon what grounds and for what causes he has. 
been judged, condemned and removed, without a hearing, or 
an opportunity for defense, and himself, his wife and his- 
children, degraded and digraced in the presence of all 
Europe. 

We desire a cop3^ or at least, a perusal of the charges and 
representations, by whomsoever made, in the posssssion of 
the Government, and upon which it has acted ; and we hope 
that this respectful request will not be considered unreason- 
able or improper, and that your Excellency will cause it to 
be granted. 

The result of the interview gave the Committee some 
hope that there w^as a disposition on the part of the 
President to examine the matter in a fair spirit ; and, 
when he was acquainted with the facts, if there was not 
clear and sufficient grounds for the action of the Gov- 
ernment, in suspending and removing General Van 
Buren, upon the statements and recommendation of Mr. 
Jay, that some speedy steps would be taken to prevent 



11 

the continuance of injustice, and make reparation as far 
as possible for what had abeady been done. 

In the meantime a correspondent of the New York 
Tribune, at Yienna, who seemed to be acting under the 
influence and inspiration of Mr. Jay, was writing and 
publishing in that paper what were believed to be dis- 
torted and untrue statements, the object of which seemed 
to be to manufacture pubhc opinion in the United States- 
unfavorable to Gen'l Yan Buren and his fellow Commis- 
sioners ; and to give an appearance of responsibility for 
his statements they were published over his signature- 
But, as he proved to be a resident of London, and there- 
fore not in any way amenable to our laws, or ansAverable 
for his statements, he had the widest liberty without, 
responsibility, to indulge in slanderous attacks upon the 
character, business qualifications, social positions, pur- 
suits, nativity and even the religion of the American 
citizens who had been Commissioners to Yienna. 

On the 9th of June the Committee thought it proper 
to address the following letter to the President, who was- 

then again absent from Washington. The letter was^ 

sent to Long Branch. 

Englewood, New Jersey. June 9, 1873. 

To General U. S. Grant, 

President of the United States : 

The undersigned, a committee appointed by citizens of 
New Jersey, had the honor to appear before you, at Washing- 
ton, on the 21st of May, in relation to the suspension and 
removal of General Thomas B. Van Buren from the office of 
Chief Commissioner to the Exposition at Vienna, which, it 
was publicly stated, had taken place upon the recommend- 
ation of Mr. Jav, United States Minister to Austria, who had 
reported to the State Department "irregularities" in the 
Commission. 

On that occasion you informed us that a report of an inves- 
tigation was then on its way from Vienna to Washington and 
daily expected ; that it would be examined as soon as received. 



12 • 

and if it should appear that injustice had been done to Gen- 
eral Van Buren you would find a way to remedy it. 

And in reply to our inquiry whether it was unreasonable or 
improper for us to ask from the State Department a copy of 
all the charges and representations in its possession, upon 
which the Government had acted in suspending and remov- 
ing him, and also of the expected report of which 3^ou had 
spoken, — we understood your Excellency to say that you did 
not so consider it, and that if we made application to the Sec- 
retary of State, and he consulted with you in reference to it, 
you would advise him to grant our request. 

Consequently we made ax)plication. It was refused. We 
■enclose herewith a copy of the correspondence. 

We are, therefore, in common with the public, still igno- 
rant of the nature and extent of the "irregularities" for 
which the Commission was suspended seven weeks ago, and 
General Van Buren subsequently^ removed. 

It is understood that since the suspension an investigation 
has been going on by a " special commission," consisting of 
Mr, Jay, and Mr. McElrath, one of the suspended Commis- 
sioners. The business of this "special commission " — a tri- 
bunal unknown to our laws and sitting in a foreign land — 
seems to have been to discover and obtain evidence of the 
"irregularities " previously alleged by Mr. Jay, and it is re- 
ported that exparte testimony has been taken without the 
persons accused, or any party representing them, being 
IDresent to confront or cross-examine the accusers or witnesses. 
If this report is true, we submit that evidence obtained in 
such a manner would not be received by any court of justice , 
a.nd ought not to be accepted by the Government as conclu- 
sive, nor be considered as a safe and sufficient ground for the 
action it had already taken prior to such investigation. 

And in this connection we most resi^ectfully submit for your 
■consideration that Mr. Jay, United States Minister to Aus- 
tria, was not justified in making representations and recom- 
mendations to the Government, the effect of which would be 
not only to create a great public scandal, and thereby bring 
disgrace upon the country, and disturb and throw into confu- 
sion and disorder, at a critical moment, the operations of the 
■Commission at Vienna, to the detriment of hundreds of Amer- 
ican exhibitors ; — but also to subject several honorable and 
worthy American citizens (holding commissions from their 
G-overnment\ as well as their families, to indignity and dis- 
grace abroad, and to injure their good standing among their 
countrymen at home, unless lie had, at the time of making sucJl 
charges and recommendations, the evidence to sustain them; and, 
further, unless the "irregularities" charged were of such a 
oiature that the interests and honor of the countrv would suf- 



13 

fer if they were not at once made public in Vienna. If they 
were not of sucli a nature, then, it seems to us, a discreet and 
prudent ambassador, having a due regard for tlie honor of 
his country, would have contented himself with reporting 
them to his Government, to be inquired into at a proper time 
at home, without accompanying them with a recommendation 
which, if followed, he must have known would have made the 
" irregularities " the subject of public comment and derision 
through all Europe. 

And further, we respectfully submit that the Government 
having acted in its suspension and removal of Commissioners 
upon recommendations of Mr. Jay, based solely upon alleged 
"irregularities," it ought not now to give consideration to any 
other and different reasons which may be presented in sup- 
port of his recommendations. It is proper to say that the 
remarks we are now about to make are based upon published 
newspaper correspondence from Vienna, which we assume, 
perhaps erroneously, to have been written under the influence 
or inspiration of Mr. Jay, and in which, we think may be 
found indicated one of the causes of his hostility to the Com- 
mission. It was not, in our opinion, within the province of 
Mr. Jay to determine whether any of the citizens appointed 
as Commissioners were unfit, or socially, morally, or by reason 
of foreign birth, or their religion, or pursuits or professions in 
life, unsuitabl'^ or unsaiisfactory persons to represent our 
country at the Exposition, and take part in the official cere- 
monies connected with it. Certainly so far as concerns Gen- 
eral Van Buren, the question of his fitneas is presumed to 
have been determined when your Excellency nominated and 
the Senate confirmed him, and it is not for Mr. Jay to review 
or reverse that judgment. It finds its confirmation in the 
fact that nearly eight hundred American exhibitors appear at 
Vienna to attest the energy and triumphant success of his un- 
wearied and self-sacrificing labors ; and, notwithstanding the 
destruction of his Commission, his work remains, and to-day 
the industry, the arts and sciences of his country are credita- 
bly represented at Vienna. Instead of sitting in judgment 
upon the qualifications of the Commissioners, it was, in our 
opinion, the duty of Mr. Jay, as American Minister, to give 
all the aid and assistance in his power to the Commissioners, 
whomsoever they might be, and whether personally accepta- 
ble to himself or not,— to enable them to carry out their 
mission successfully, and with credit to their country. 

The suspension of the whole Commission, and the removal 
of General Van Buren as Chief Commissioner, have been at- 
tended with circumstances which justify the deep interest 
that is now spreading through the country. There is a feel- 
ing that every citizen who consents to accept a public trust, 



14 

and zealously, faithfully and honorably labors to perform his 
duty to the best of his ability, is entitled to fair and just 
treatment and consideration at the hands of his own Govern- 
ment, and to have his honor and reputation properly cared 
for and respected, instead of being cruelly and ruthlessly 
sacrificed. 

The Honorable Secretary of State, in a letter to us, dated 
the 24:th of May — only three days after our visit to you at 
Washington — says, "It is understood that the investigation 
at Yienna has been prolonged at the request of the parties 
accused. When the evidence all reaches the Department, 
General Van Buren will have ample opportunity to ex- 
amine it." 

We now beg to assure your Excellency that the investiga- 
tion has not been prolonged at the request of General Van 
Buren. He has been removed from ofiice without having the 
privilege of knowing of what he is accused, and without any 
opportunity of explanation or defense. The application of 
his friends here for information, has not, up to this date, 
been successful. The investigation at Vienna is prolonged, 
and he is only to have an opportunity to examine the evi- 
dence after it all reaches the State Department. This per- 
haps, may not be for some weeks yet, and then, in order to 
examine it, we infer that he must come from Vienna to 
Washington. In his present position, such a delay may seem 
almost equivalent to a denial of justice. 

If, after the length of time already elapsed since his sus- 
pension and removal, the State Department is not 3^et in pos- 
session of proper evidence that he has been guilty of criminal 
or dishonorable "irregularities," or unfaithful to his trust, 
then, it seems to us, it would be an act of justice to restore 
him without further delay to the positon from which he has 
been removed. 

Such an act, Mr. President, will reflect honor upon your 
Administration, and we believe the people will applaud you 
for it. 

Very respectfully, 

Daniel Drake Smith, 
W. E. Vermilye, 
J. Wyman Jones, 
E. A. Walton, 
C. N. Jordan. 

The efforts of the Committee to obtain information 

from the Government having been unsuccessful, they 

came to the conclusion, from many indications, that it 

was the purpose of Mr. Jay to prolong the investigation 



15 

he was charged to make at Vienna, until the close of the 
Exposition should be so near at hand that it would be 
impossible for justice to be done to General Van Buren, 
bj reinstating him in his office of Commissioner. 

At this juncture it was announced in the public papers 
that Mr. Jackson S. Schultz, who had consented to ac- 
cept temporarily the office of Chief Commissioner, had 
sent in his resignation ; and your committee felt that it 
was incumbent upon them to make one more effort. 

The President being then at Long Branch, your com- 
mittee, although dishking to intrude upon his privacy, 
called upon him there ; the visit was unsatisfactory and 
unproductive, except in so far as it elicited a renewal of 
the expression of the President's opinion that General 
Van Buren was free from any corrupt or dishonorable 
act or intention, and that the Government had made no 
charges against him, but had the right to remove him 
without giving reasons. The Committee unwillingly 
came to the conclusion that, owing to the position in 
which the Government was placed, it was now useless to 
indulge any further hope that it would retrace its steps 
and do him justice by restoring him to the office from 
which he had been removed. The Committee, therefore, 
could only await patiently until such time as it suited the 
purposes of Mr. Jay to close his investigations at Vienna 
and send his report to Washington, and then endeavor 
io obtain a copy thereof. The Exposition was to termi- 
nate on the 10th of August, by the award of the Juries, 
and it was supposed that there could be no motive for 
delaying it much longer. 

At last, on the 11th of August, the Secretary ^of your 
Committee received from the State Department a bound 
volume of 549 pages, containing a copy of some of the 



16 

correspondence, the testimony taken by the " special 
commission," and the report thereon. It is too volumi- 
nous to review fuUy in a report to you ; and, besides, it 
contains a vast amount of matter entirely irrelevant to 
the subject which the special commissioners were ex- 
pected to investigate and report upon, namely, the 
"irregularities" alleged against the Commission, which 
formed the sole basis for the statements and recommend- 
ations made by Mr. Jay, and wdiich led to the suspension 
and removal of the Commissioners. 

It may be well here to recite, briefly, the history of 
the Vienna Commission. 

In June, 1872, Congress passed an act authorizing the 
representation of the country at the International In- 
dustrial Exposition to be held in Vienna on May 1, 1873, 
and provided for the appointment of a Chief Commis- 
sioner to superintend and carry out the measure under 
the direction of the State Department ; but it provided 
for no salaries and made no appropriation to defray the 
expenses incurred by the Commission. Without any 
communication with General Van Bur en, and without 
his knowledge, the President nominated him as Chief 
Commissioner under the Act, and he Avas confirmed by 
the United States Senate. Surprised by this proceed- 
ing, — unable to assume a trust which would necessitate 
great sacrifices and exj)enditure on his part, and unwill- 
ing to incur the responsibility involved in carrying out n 
laborious, difficult and expensive work, without any cer- 
tainty that the succeeding Congress would sanction it by 
voting the necessary appropriation of public money, he 
resolved to decline the office. But, as your Committee 
have understood, the representations of the President, 
and his promise of aid and support in procuring from 



17 

Congi-ess the necessary appropriation, finally prevailed 
over his own interests, which he sacrificed to perform 
the public duty thus imposed upon him. He entered 
upon it with intelligence, energy, and a determination to 
achieve success, if possible. 

The people were apathetic. Many manufacturers 
could see no advantage to be derived from exhibiting- 
their goods in a place so far distant as Vienna, that 
would counterbalance the expense and trouble they 
would necessarily incur, for the mere prospect of com- 
peting for a prize which, if gained, would be of little 
real value ; inventors were unwillmg to exhibit the re- 
sults of their toil in a country whose patent laws afforded 
them no protection, and their opposition was active and 
untiring ; while the fact that Congress had made no ap- 
propriation toward defraying the expenses of transport- 
ation and other heavy charges, had a most unfavorable 
effect with all. But having once put his hand to the 
plough, the Chief Commissioner persevered against aE 
these and other obstacles. 

In December the President, in fulfillment of his as- 
surances, recommended in his annual message to Con- 
gress an appropriation to defray the expenses of the 
Exhibition ; but Congress delayed, and did not finally 
pass it until February, and then only after the most 
strenuous efforts on the part of the Chief Commissioner,, 
who was obliged to spend several weeks in Washington 
for that purpose. 

After more than eight months of unremitting labor on 
the part of the Chief Commissioner and his principal 
assistants, receiving no pay, and advancing for the Gov- 
ernment from their own private means the sums neces- 
sary to defray some of the expenses of the Commission, 



18 

it was not until after one of the ships with goods for the 
Exhibition had sailed, and the loading of the other was 
nearly completed, that, on the morning of March 15, 
1873, the day appointed for the departure of the Chief 
■Commissioner, that the Government, after the most 
urgent and often repeated requests, placed the sum of 
$8,000 or $9,000 at his disposal, being the first and only 
sum ever received by him from the appropriation; the 
State Department, however, had previously advanced 
$1,000. He arrived in Vienna on the 14th of April, and 
iound that, through the movements of Mr. Jay and the 
inscrutable action of the State Department, Messrs. Jay 
an4 McElrath had been appointed and were acting as a 
•*' Special Commission " to investigate allegations of 
"irregularities" reported by Mr. Jay, and with power to 
•suspend any of the Commissioners. 

It was this most unexpected and startling denouement 
"that so surprised the people of our country when it was 
announced, and none more so than yourselves, who were 
the immediate neighbors of the suspended Chief Com- 
missioner ; and it was at this point in the history of the 
■Commission that you assembled and felt it to be your 
duty to appoint a Committee to ascertain the facts and 
report to you. We have already given to you in detail 
an account of our proceedings for that purpose, and it 
now only remains for us to state, as briefly as we can, 
what appears to be the facts as gleaned fi*om the corres- 
pondence, and the testimony and report of the " Special 
Commission," contained in the copy referred to, fur- 
nished by the State Department. 

It appears from the correspondence that Baron 
Schwarz, the Austrian Director-General of the Exposition, 
had desired " the establishment of American bars, restau- 



19 

rants, luncheon and dining rooms in the Industrial Pal- 
ace and the Park," to which Commissioner Yan Buren at 
first objected, but afterwards replied that "he would be 
pleased to permit the erection upon the grounds of the 
Exhibition, of one restaurant and one saloon, for the 
«ale of drinks, but declined to establish bars in the in- 
terior of the buildings, and advised that they be not so 
erected." Accordingly, Commissioner Yan Buren gave 
a verbal permission to Messrs. Andrew Hitzel and 
Henry L. Jewett, co-partners, to erect and conduct a 
restaurant on the grounds of the Exhibition, subject to 
the regulations prescribed by the Imperial Commission. 
Jewett went to Yienna without any letter from the Com- 
missioner, but having a letter of introduction and recom- 
mendation by Stewart L. Woodford to Mr. Jay, the Unit- 
ed States Minister, and there obtained a concession di- 
rect from Baron Schwarz, in his individual name, omit- 
ting that of his partner, Hitzel; — a dissolution of the 
partnership followed soon after, and Jewett then con- 
nected himseK with a Mr. Tracy. Subsequently, a letter 
of introduction to Baron Schwarz was given to Hitzel by 
the Commissioners, stating that he was the party to 
whom the permission for a restaurant had been origin- 
ally granted. Hitzel had associated with himself three 
partners, one of whom was a Mr. Denison. An informal 
permit and a letter of recommendation to Baron Schwarz, 
was also given by the Commissioners to Messrs. Boehm 
& Wiehl, authorizing them to erect a building outside 
for the sale of American drinks. Before these permissions 
had been given as stated, Baron Schwarz, — ^no doubt 
under the impression that Commissioner Yan Buren 
would not act in the matter — had granted a concession 
to a Mr. Kuhne, of Chicago, to erect and conduct a " free 
2 



20 

lunch and bar " on the American grounds. Against this 
grant Commissioner Van Buren remonstrated, and Baron 
Schwarz thereupon forbid Kuhne from flying the Ameri- 
can flag, or using the American name over his restaurant, 
Kuhne, Jewett & Tracy, and Boehm &, Wiehl had, 
it is understood, been obhged to make payments to Baron 
Schwarz, or the Austrian Commission, for their con- 
cessions. When Hitzel made his appearance in Vienna 
he at once encountered the opposition of Jewett, who 
immediately set himself to work uttering and circulating 
charges of corruption against Assistant Commissioner 
Mayer, asserting that Hitzel had paid him $1,000, and 
that he had also received |3,000 from Boehm & Wiehl. 
He went to the American Legation with these charges 
on the 5th of March, and Mr. Jay hastened on the same 
day to repeat them in a letter to Mr. Fish ; and not only 
this, but he telegraphed as follows : 

Fish, Secretary, Washington: 

Startling charges of corruption connected with bars 
threaten scaDdal. Jewett says his counsel knows one case. 
Assistants pronounced of doubtful character, antecedents, 
position. If proof insufQcient in New York try Vienna. 

On the 9th of March he again telegraphed : 

England, Kussia, France, Italy, will each have one Na- 
tional Kestaurant. America numerous Kestaurants and Bars. 
Two firms the earliest grantees — one of them is reported to 
have paid $3,000 for their bars, with promise of monopoly, are 
incensed at arrival of four new parties. Hitzel & Co. with 
new grants for bar and restaurant. They declare themselves 
sold, and accuse management at New York of corruption and 
bad faith. 

On the 10th of March, Mr. Jewett, in whom Mr. Jay 
seems to have taken a very lively interest, came again to 
the Legation, with the intention, as Mr. Jay states, of 
" exposing all the facts with a view to the removal of 
Mayer and the protection of his own rights." He 
brought with him Mr. Wiehl, and commenced by saying 



21 

that they both felt that they had been sold,— "that they 
had expended some ten thousand dollars and become 
responsible for as much more for their arrangements in 
Vienna, and that now their prospects were all changed " 
(by the commg of Hitzel), " and they were not disposed 
to acquiesce in it." Mr. Jay having taken his pen to 
write down the conversation, he intimated that he was 
ready to hear what they had to say ; whereupon Mr. 
Wiehl declined to say anything without consulting his 
partner. He said, "It will stir up a great row, and 
perhaps we had better leave it alone. Mayer has done 
very wrong, but I don't like to put a gentleman in a false 
position." He was not disposed " to connect himself 
with a great scandal," but Jewett then remarked they 
were in it already. " As they were going," says Mr. 
Jay, " I recalled Mr. Jewett and requested him to let me 
know what Boehm & Wiehl resolved to do." The result 
was they declined to make any charges of corrupt action 
against Gen. Mayer. 

It is very clear from the documents that the whole 
difficulty which Mr. Jay succeeded in manipulating into 
a great public scandal, grew out of the efforts of Mr. 
Jewett to exclude a rival, Hitzel & Co., fi'om receiving a 
concession from Baron Schwarz for a restaurant, and 
that in the struggle Jewett was the active worker, and 
had the ready ear of Mr. Jay who eagerly reported his 
tales to Mr. Fish. He had before acted unfaithfully 
toward Hitzel when he was his partner, by procuring the: 
grant in his individual name from Baron Schwarz, and,, 
as the result showed, he succeeded in his effort to pre- 
vent Hitzel & Co. from obtaining one ; but he does not 
seem to have benefitted much by it in the end, for we 
read in the New York Times of the 22d of August thai 



22 * 

*' Tracy & Jewett, the men who first made the charges 
against the old Commissioners, and upon whose state- 
ment the reports to Washington were based," have failed 
and ran away. They leave large debts behind them, and 
their employees utterly destitute. 

It seems almost incredible that this entire Vienna 
scandal should have had its origin with this restaurant 
keeper, Jewett, and that his statements should have been 
deemed of sufficient importance by Mr. Jay to justify 
him in alarming the Goverment at Washington by tele- 
graphic despatches announcing, " Startling charges of 
corruption,'' which led to the suspension of Mr. Mayer 
on the 26th of March, four days after he sailed from 
New York. Having thus by his representations accom- 
plished the suspension of General Mayer, Mr. Jay, in 
the progress of his proceedings, telegraphed to Mr. Fish 
on the 7th of April : 

Mayer arrived ; informs me that Van Buren and himself— 

each took $500 from Hitzel. Quarrel, scandal threatened. I 

respectfully recommend immediate appointment ''Special 

Commission " to examine, report, and temporarily suspend, 
(p. 115.) 

And on the 10th of April he again telegraphed : 

Mr. McElrath remains in charge of the Commission. His 
interest in the work as well as his discretion and tact im- 
press me favorably. 

On the 11th of April Mr. Fish telegraphs to Mr. Jay : 

By order of the President you and Thomas McElrath are 
appointed a "Special Commission," with power to supervise 
the whole Commission to Vienna. You will examine and re- 
port fully, and are authorized to suspend temporarily any 
person or persons appointed prior to the 20th of March last, 
reporting the facts and the grounds of suspension. 

In this manner did Mr. Jay, the guide and instructor 
of the State Department, gain control and full power 



23 

over the Commission and all the Commissioners. He 
was now to sit as judge over the parties against whom 
he had himself preferred the charges to the Govern- 
ment. 

We have thus gathered fi'om many pages of corres- 
pondence between Mr. Jay and Mr. Fish, and General 
Van Buren and Mr. Fish sufficient to enable you to 
understand something of what had been done by the 
Commissioners in New York in reference to permits for 
restaurants and bars, and the reports made by Mr. Jay 
to the Government in respect to alleged official corrup- 
tion in relation thereto, and his recommendations. 

It may be that the Government was bound to take 
notice of the alarming communications received from its 
own Minister, and to act upon his recommendations at 
once, without waiting for evidence. But acts performed 
hastily and under fright, are often unwise. In this case 
they were productive of the most cruel injustice to 
several citizens. 

At the risk of tiring your patience, we now present 
copious extracts from the testimony taken by the 
"Special Commission" from the 14th to the 22d of 
April, inclusive, as embraced in their first partial report 
which was not transmitted from Vienna until the 24th of 
May, and therefore could not have reached Washington 
until about two months after the " Special Commission", 
began its investigation. 

On the 14th of April the "Special Commission" held 
its first session. General Van Buren arrived in Vienna 
on the same day. 

Mr. Jewett appeared and was requested to state all 
that he knew in regard to the Commission and the pay- 
ment of money. Having done so at great length, and 



24 

mentioned all the charges and rumors that he had heard 
in reference to payments by Hitzel, and Boehm & Wiehl, 
he was asked : (p. 177) 

Question— You do not know of your own knowledge of any 
money having been received or demanded by General Van 
Buren ? 

Ansive?^ — I do not. 

At the Second Session, on the 15th of April, Abraham 
Boehm was called, and testified : 

General Mayer told me that the Government had not made 
any appropriation ; that they wanted to build a School House, 
and that they were going to make up a private list of sub- 
scriptions for the School House. I offered to contribute to 
it. I paid $500, and Mr. Wiehl paid $500. It was told me at 
that time that if the Government made an appropriation we 
should get it back again. I took no memorandum about the 
$500. I think it was offered me by Mr. Mayer, but I did not 
want it, (p. 179) 

In regard to a loan of $1,000 — Mr. Boehm testified: 

Mr. Mayer told me they were short of funds, and asked 
if we would not advance them $1,000. He said he would give 
me a receipt for it and return us the money when they came 
to Vienna. 

I consulted my partner, Mr. Wiehl, and he agreed to do it 
(p. 181.) The first $1,000 was a subscription to the School 
House. The second $1,000 was asked for as a loan, and Gen'l 
Mayer said he would pay it back when he came to Vienna. 
Two thousand dollars is all that has been paid by the firm of 
Boehm & Wiehl, and no more has been asked from them, (p. 
182.) All the money we paid was paid to General Mayer, and 
not to General Van Buren. I do not think that I had any 
conversation with General Van Buren on the subject until 
this morning — (he had just arrived.) 

Nothing has been said to me aboiit the repayment of the 
money. I had not asked for it. Whether I shall do so de- 
pends. If I think they have it, I may ask it. 

At the Third Session, on the 16th of April, Commis- 
sioner Stiasney was examined in regard to his employ- 
ment and course pursued in reference to the applications 
for space. 

At the Fourth Session, on the 17th of April, Commis- 
sioner Stiasney was again examined, and testified : 



25 

I have not heard in particular that a subscription for a 
School House was taken. Have heard that a subscription 
would be taken for an American Club House, and I heard 
that Mr. Brewer, the publisher of the Catalogue, would sub- 
scribe, but I don't know whether he did. 

I heard that several gentlemen had offered to advance 
money for the maintainance of the office, (in New York.) I 
heard that Mr. Hitzel had advanced $1,000, and that Mr. 
Stout had offered $1,000. I don't know whether they paid 
this or not. It was before I was much in the office— about 
November I think ; I never saw or heard of any subscription 
list or record, nor do I know of any money having been paid, 
(p. 196.) 

Since I have been here I have heard many rumors, even 
concerning myself, but have not taken the trouble to refute 
them. I do not know of any money having been paid to or by 
any Commissioner. I have nothing further to say in regard 
to these subjects, (p. 196.) 

A. W. Kech was examined : 

Had heard rumors in Vienna. I know only two cases, 
being those mentioned by Jewett and Boehm. 

Fifth Session, April 18th ; Stiasney recalled and exam- 
ined as to liis advances on account of expenses of 
Commission : 

Had expended about $1,000 himself. Know that Mr. 
Hitzel and Mr. Stout in New York each offered to pay $1,000 
toward the expenses of the Commission. Do not think that 
Mr. Stout has paid. 

Sixth Session, April 19th ; General Van Buren ap- 
peared, and was questioned : 

I know nothing about the receipt of any money except 
from General Mayer. Our expenses in connection with the 
Exposition were large. A portion of this expense was not of 
;such a character as could be charged against the Government. 
General Mayer told me that he had no more money of his own 
to use for the expenses of the Commission. I had also used 
all my private funds for the same expenses, and was writing 
frequently to the Department of State to request that funds 
might be placed at my disposal for the expenses. The $1,000 
originally placed in my hands by the Department of State 
had long before been exhausted. General Mayer asked me if 
there would be any impropriety in his borrowing from Mr. 
Hitzel $500, who had expressed a readiness to loan it to him. 

I replied that I could not see any impropriety in his bor- 



26 

rowing from Hitzel any more than any one else. He after- 
wards handed me $500 to be used for expenses, stating he had 
obtained it of Hitzel, to be returned when we received moneys 
from the Government. Every cent of that money was used 
in the legitimate expenses of the Commission. I did not re- 
ceive any money from the Government until the very morn- 
ing of the day on which I sailed from New York, (p. 204-205.) 

In regard to the subscription of Boehm & Wiehl, I only 
know that the subject of the erection of a School House was- 
made the topic of anxious conversations for many weeks in 
the office of the Commission, and that at different times I was- 
advised by gentlemen to endeavor to raise enough money by 
subscription to erect the School Building of such character as 
to be creditable to the country. General Mayer remarked to 
me that Messrs. Boehm & Wiehl were each willing to sub- 
scribe $500 towards the erection of this School Building, and 
inquired of me whether there was any objection to receive 
this subscription. I replied certainly not, — there can be no 
reason why they should not subscribe if others are asked to- 
do so. 

This was long after Boehm & Wiehl had received their 
concessions. Afterwards, I having spoken to several gentle- 
men in the city upon the subject of this subscription and finding 
the project much more difficult than I had anticipated, I 
resolved, after consultation with General Eaton, the Commis- 
sioner of Education at Washington, and several other educa- 
tional gentlemen, to erect a one story School Building of 
much smaller proportions than was originally intended, and 
at a much less expense. Previous to this, however. General 
Mayer handed me two different sums of $500 each, which he 
said was the subscription of Boehm & Wiehl to the School 
House. About the time the subscription project was given up 
I received a communication from Mr. Jay, in which, among 
other things, he spoke of the desirability of erecting what 
was called a Club House, for the use of Americans visiting- 
the Exhibition. Mr. Jay stated, also, that England and 
France, I think, were to make such erections. General May- 
er suggested that these subscriptions be turned over for that 
purpose. As I had advised Mr. James, the Assistant Com- 
missioner at Vienna, that there were no funds for the erection 
of a Club House, and it could only be done, if at all, by pri- 
vate subscription, and had authorized him to open a book in 
his office, at Vienna, for that purpose, I told General Mayer I 
had no objection to that course being taken with the consent 
of Boehm & Wiehl ; and I told him, on reaching Vienna, to 
enter the $1,000 thus obtained from Boehm & Wiehl upon the 
subscription list for that purpose ; or, if the project was 
abandoned, I would hand him the money to be returned to- 



27 

Boehm & Wiehl. I have that money, and am prepared to 
make the disposition of it I had suggested ; and if I had not 
supposed that some wrong inference might be drawn from 
my action, I should have paid it to him as soon as I reached 
Vienna; but, learning of this investigation, I preferred to 
make this explanation before taking such action. I neither 
know nor have heard before of any sum whatever, other than 
I have stated, as having been paid, advanced, loaned or sub- 
scribed by Messrs. Boehm & Wiehl, or by anybody connected 
with the Commission, nor do I believe that any has been. 

Question, by Mr. Jay— Am I correct in assuming from your 
remarks that you received the $500— paid you by Mayer as 
received from Hitzel, as a loan to be repaid to Hitzel in any 
event ? 

Answer — By all means. , 

Question— And also that you hold the $1,000— paid by Boehm 
& Wiehl, to be returned to them unless used in the erection 
of a School House or Club House ? 

Answer — By all means. I have never thought of making- 
any other use of it. I felt a great anxiety to have this School 
House built, because I had made it the topic of several ad- 
dresses and communications, and have been so frequently 
solicited by Baron Schwarz and Mr. Jay not to fail in it 
(p. 204-210) 

The Seventh Session was held April 21. 
Mr. Wiehl testified : 

We have paid $1,000— as a subscription to erect a School 
House at the Vienna Exposition. My part was by a check ; 
it was handed to General Mayer. The other part was paid 
by Mr. Boehm. There was a further payment or loan on the 
3d of January of $1,000. 

Question— On what grounds was it asked for and conceded? 

Answer — General Mayer said that their private funds were 
all used for the Commission, and that we should, if possible, 
give them $1,000 — and that the Commission would pay it back 
as soon as the money came from Washington. I told my 
partner, and he assented with me to the proposition. 

Question — Was this after or before you had received your 
letter to Baron Schwarz asking for concessions for places in 
the Exhibition and Eotunda? 

Answer — We had the papers all fixed up and ready to go 
before the loan was asked for, (p. 217.) 

Mr. Wiehl also said in the course of his examination : 

In regard to the $1,000 subscribed toward the School House, 
my partner and myself considered ourselves entitled to re- 
ceive our money back in case the School House was not 



28 

erected, or if erected by Government funds, (p. 217.) Gen- 
eral Mayer is the only one of the Commission with whom I 
have had any money transactions. I did not see or converse 
with General Van Buren about it. I regarded the subscrip- 
tion as for the Commission. I never talked with General 
Yan Buren in any way about the subscriptions. 

General Mayer was then called and examined at 
length. He testified : 

I asked General Van Buren would it be right for us to let 
these people advance money toward the expense of the Com- 
mission until Congress made an appropriation? He replied 
that he saw no objection to that, and I understood it to be his 
opinion that it was no more than right that the persons who 
would reap benefit from the Exposition should be permitted 
to help to bear the burden of the Commission until Congress 
saw fit to make an appropriation. 

By "these people " I mean Hitzel and Jewett. Money was 
handed to me on several occasions to the amount of $500, 
which I handed over to General Van Buren. Afterward, 
when Congress assembled, General Van Buren was at Wash- 
ington when Mr. Hitzel handed me another check for $500. 
Not being satisfied with the looks of things between Hitzel 
and Jewett, I returned to Hitzel the same check that had been 
given tome, and I informed Jewett and Hitzel, both, that upon 
General Van Buren 's return I would recommend that the 
permit should be withdrawn from both of them ; which I did. 
The $500 was advanced and was to be returned. It has been 
claimed by Hitzel about the time these difficulties arose. 

Question — Please tell us about the payment of Boehm & 
Wiehl. 

Answer — After they had received their permit, their at- 
torney proposed that they should contribute ^to any public 
purpose, and asked me what purpose they could contribute 
to. To which I replied that if they intended to do something 
they should do it toward the erection of an American School 
House on the Exhibition grounds, as it was intended hj 
General Van Buren to raise funds for that purpose by sub- 
subscription. They paid $1,000 toward that, which I handed 
over to General Van Buren. A subscription had not been 
opened, but it had been suggested at a public meeting. 
Nothing further was done by me about the subscription. The 
General still holds that amount, and I understand that it 
was mentioned afterward that a Club House should be 
erected, (p. 221.) 

I don't know where Mr. Hitzel is, and have not heard from 
or of him since I came here. 



% 



29 

Question— Was there any demand made upon Mr. Hitzel for 
the $1,000? 

^7isit*e?'— There was no demand whatever. The offer was 
made voluntarily, and the money was to be returned, (p. 224:.) 

Tlie Eighth Session was held on the 22d of April. 

By Mr. Jay — Mr. Mayer, please answer now the question of 
3"esterday with reference to $1,000 alleged to have been imid 
by Mr. Schedler (for Boehm & Wiehl). 

Gen. Mayer— 1 did ask these gentlemen (Boehm & Wiehl) 
for a loan of $1,000. The loan was made and the entire sum 
spent for the Government, and to be returned upon the pay- 
ment of accounts now in the hands of the State Department. 
About that time the necessity of closing up the office in New 
York on account of the lack of funds existed. 

By Mr. Jay — By whom was the said funds expended for the 
Government? 

Gen. Mayer — By the Commission. 

By Mr. Jay — Who kept the accounts of the Commission? 

Gen. Mayer — I kept them under General Yan Buren's su- 
pervision. I was responsible to him, and he to the State 
Department. 

By Mr. Jay — Who furnished the money for the. expenses? 

Gen. Mayer— ^I furnished the most of it. 

By Mr. Jay — How much did you furnish? 

Gen. Mayer — Besides the amount of money not chargeable 
to the Government, and which was considerable, if I am now 
correct I furnished between $1,500 and $1,600. 

By Mr. Jay — How much did General Van Buren furnish? 

Gen. Mayer — I cannot tell you exactly without my little 
book. 

By Mr. Jay— Did you consult together frequently about the 
expenses? 

Gen. Mayer — It was often spoken of that it was a hard mat- 
ter that the Government should require men to work, keep 
their families living, and furnish money for the Government 
at the same time. 

By Mr. Jay — Was it sometimes spoken of as to how money 
should be raised? 

Gen. Mayer— It was suggested by several persons to raise 
money by subscription. I deemed this a disgrace. I think 
that Professor Joy was one of those who approved it. We 
had several offers of loans. At one time when General Yan 
Buren expressed himself that he wanted to close up the office, 
Mr. Stout offered a loan of $1,000, which was not spoken of 
afterward. The loan from Boehm & Wiehl I think was 
in December,— th.it proposed by Stout in February or March. 
General Yan Buren and I had talks constantly of necessity 



30 

of raising funds. Perhaps I had a conversation with him on 
the same day I made the loan from Boehm & Wiehl. I 
cannot answer particularly at this time, (p. 232-233.) 

At this point of the investigation of the " Special 
Commission " we stop for the purpose of summing up 
the evidence, as concisely as possible, with some neces- 
sary explanations — because it served as the basis of the 
first report to the Government which will appear further 
on. 

The first witness, Jewett, w^ho was the principal, if not 
the only active party employed in circulating rumors 
and preferring charges to Mr. Jay, had testified that he 
did not, of his own knowledge, know of any money 
having been received or demanded by General Yan 
Buren. 

Mr. Boehm and Mr. Wiehl, of the firm of Boehm & 
Wiehl, had testified that each subscribed and paid to 
General Mayer $500 toward the erection of the con- 
templated School House, with the understanding that it 
would be paid back in case the School House was not 
erected, or if erected by Government funds. The re- 
ceipt of these two subscriptions of $500 each was ad- 
mitted by General Mayer, who paid the amount over to 
General Yan Buren, who admitted having received it for 
that object. Congress had then made no appropriation 
whatever for the Commission. Baron Schwarz, the 
Austrian Director-General, and Mr. Jay, had both 
earnestly urged upon General Yan Buren not to fail in 
erecting such a building, and he had made it the topic of 
pubHc addresses and communications ; but the requisite 
aid was not obtained, and the original scheme was 
abandoned and a much smaller building erected, which 
was eventually paid for out of the Government funds 
after an appropriation was made. The scheme having 



31 

failed, and Mr. Jay having recommended the erection of 
a Club House, General Van Buren had replied that it 
could only be done by private subscriptions, and had 
authorized Mr. James, an assistant Commissioner, to 
open a book of subscriptions in Yienna for that purpose, 
and instructed General Mayer, if Boehm & Wiehl should 
consent to it, to transfer their subscriptions to the Club 
House. . But that scheme also failed, and after the 
arrival of General Van Buren in Yienna the amount of 
the subscriptions of Boehm & Wiehl were returned to 
them. With this testimony, corroborated, as it has been 
seen, by every person whom the "Special Commission" 
had examined on this subject, it seems to us that no 
intelligent, impartial man could find in this transaction 
anything to condemn. General Yan Buren did admit 
taking this subscription of $1,000 from Boehm & Wiehl, — 
but was that a reason " demanding his suspension .^" 
Congress had appointed General Yan Buren to perform 
a certain work, but had neglected to make any appropri- 
ation to defray the expenses of it, or to pay for the ser- 
vices of those performing it. The Commissioners were 
therefore thrown upon their own resources to provide the 
necessary funds. 

They worked about nine months without pay, and dur- 
ing that time advanced to the Government money to pay 
necessary expenses of the Commission. Their private 
means becoming exhausted, General Mayer borrowed of 
Mr. Hitzel $500, to be paid by him when his accounts 
were settled by the Government. This money General 
Mayer handed over to General Yan Buren, who admitted 
receiving it^ and it was all used in paying the necessary 
expenses of the Commission. This is the testimony of 
all whom the Special Commission had examined on this 



32 

subject. Can any intelligent, impartial man see in this 
transaction, under the circumstances as explained, a 
reason "demanding the suspension" of General Yan 
Buren ? These are the only instances of admission on 
the part of General Yan Buren of " taking money. '^ 
There is no allegation of his having " taken money " in 
any other instance. 

The testimony further shows that during the 'absence 
of General Yan Buren at Washington, and without his 
knowledge. General Mayer received of Mr. Hitzel a 
check for $500, as an advance to be repaid, and that the 
same check was subsequently returned by Mayer to 
Hitzel. 

It also shows that Boehm & Wiehl loaned General 
Mayer $1,000, which was to be repaid to them when 
money was received from Washington. General Mayer 
testified that it was all spent for the Government, and it 
was to be returned upon the payment of his accounts 
now {i. e., at the time of his examination in Yienna) in 
the hands of the State Department. This is the tuhole 
case. There are no other charges whatever, and no other 
" admissions ^^ of " talcing money " in the testimony during 
the eight sessions of the " Special Commission," and yet 
the " Special Commission " sent the following report to 
Washington by telegraph : 

MESSES. JAY AND MC ELRATH TO MR. FISH. 

Vienna, April 22, 1873. 
Telegram : 

After eight sessions, and hearing Van Buren and Mayer, 
we regard the proofs enforced by their own admissions of 
taking money from Hitzel, Boehm and Wiehl, as demanding 
their suspension ; but such suspension, besides exciting pub- 
lic curiosity as to the charges and provoking scandal, would 
subject to suspicion of complicity their remaining appointees 
and associates ; that suspicion would impair the moral weight 



33 

of the Commission and prejudice the interests of exhibitors. 
We, therefore, respectfully recommend : 

First, The temporary suspension of the whole Commission 
by the President, on the ground that irregularities have oc- 
curred, and until their examination, now pending at Vienna, 
can be completed and reviewed at Washington. 

Second, The simultaneous appointment by the President of a 
few temporary Commissioners without compensation, with 
power to add and fill vacancies, that the Kepublic may be 
worthily represented at the opening ceremonies commencing 
May first, which we deem essential. Among citizens now 
here are LeGrand B. Cannon, Theodore Koosevelt, Charles 
T. Spang. * * * (And others expected to arrive soon.) 

In view of the testimony which had been given during 
the eight sessions of the " Special Commission," and 
which we have briefly recapitulated with explanations, 
what words can suitably describe this report and recom- 
mendation of Mr. Jay? We leave it for you to find 
them ; and for a deceived government to reflect upon the 
amazing credulity and quick obedience which it unques- 
tioningly yielded to its trusted Minister. But let us con- 
tinue the narrative a little further. The President was 
away from "Washington on an excursion to the far West, 
and was telegraphed to by Mr. Fish, who, having re- 
ceived the President's instructions, replied to Mr. Jay as 
follows : 

(Number 28.) 

MR. nSH TO MR JAY. 

Washington, April 24, 1873. 
Telegram : 

I have laid the substance of your telegram, received 
yesterday, before the President, and am instructed to say : 

First, That in consequence of the irregularities referred to, 
the Commissioners and Assistants appointed under the act of 
1872, are temporarily and until further notice suspended. 

Second, That on your recommendation LeGrand B. Can- 
non, Theodore Koosevelt, Charles T. Spang (and others), are 
hereby appointed temporary Commissioners, without i^y, to 
represent the United States at the Exhibition, with the powers 
heretofore vested in General Van Buren, etc. 



34 

(Number 30.) 

ME. VAN BUREN TO MR. STEVENS (LONDON.) 

Vienna, April 25, 1873. 
Telegram : 

Telegraph President Grant why i(;/wZe Commission dis- 
graced before world first May for charges against one. 



(Number 33.) 

MR. FISH TO MR. JAY. 

Washington, April 26, 1873. 
Telegram : 

Justice requires that those not implicated in irregular- 
ities be vindicated as soon as possible. You will report so 
that announcement of withdrawal of suspension be made to 
relieve the innocent parties. 



(Number 35.) 

MR. JAY to MR. FISH. 

Vienna, April 27, 1873. 
Telegram : 

* * * * Suspension an inconvenience not a wrong. 
Might not individual restoration be invidious and unjust to 
remainder, provoking controversy ? Does not national inter- 
est demand patience, completion, inquiry, Presidential judg- 
ment ? 



(Number 36.) 

MR. FISH to MR. JAY. 

Washington, April 28, 1873. 
Telegram : 

Justice to former Commission and to the country re- 
quires immediate investigation and report. * * * Van 



35 

Buren must not be excluded from his position at the opening 
of the Exhibition, unless a responsible report be made giving 
reasons for the exclusion. 

Mr. Fish had not stopped to reflect that justice to the 
Commmission and to the country required that the Gov- 
ernment should have been in possession of the testimony 
before it suspended General Van Buren and the whole 
Commission four days previous to this last telegram, 
and not have relied upon Mr. Jay's simple, bare and un- 
sustained telegram that General Van Buren had " taken 
money," without accompanying it with any explanations. 
It could with equal truth be said of every man in almost 
every day's transactions, that he has " taken money," — 
and even his admission that he had "taken" it — without 
assigning explanations why or what he had talcen it fm\ 
would not generally be considered sufficient to condemn 
him, or suspend him from office. As General Van Buren 
had been already suspended upon a telegraphic report 
and recommendation of Mr. Jay, he had no position at 
the opening of the Exhibition to be excluded from, and 
why should Mr. Fish now ask for a responsible report 
giving reasons for this exclusion from the ceremonies ? 
"Was not the report Mr. Jay had made on the 22d of 
April, upon which General Van Buren was suspended, a 
sufficient responsible report giving a reason, namely, the 
" taking money ?" 

Well, in reply, Mr. Fish received another report, the 
counterpart of the first, with an additional recommend- 
ation. Here it is : 

(Number 37.) 

SPECIAL COMMISSION TO THE PRESIDENT. 

Vienna,' April 29, 1873. 
Telegram: 

We find by proof and admission of parties that Chief 
Commissioner Van Buren, the responsible head of the Com- 
3 



36 

mission has taken money from grantees of bars and restau- 
rants. Whether the said acts indicated weakness or corrup- 
tion or both, we regard the excuses offered inadmissable. 
* * * * ^Q accordingly recommend that the Commission 
now suspended for irregularities be not restored, neither in 
whole nor in part, nor allowed to represent the dignity of the 
American people at the World's Exposition, until the Presi- 
dent shall have decided, upon a review of the evidence, that 
such restoration is consistent with the dignity of the Ameri- 
can people. 

Mr. Jay seems to have been disingenuous enough not 

to let the evidence come before the President for review 

until three months afterward, when the Exposition was 

practically over and restoration impossible. 

(Number 58.) 

MR. JAY TO MR. FISH. 

Vienna, May 2, 1873. 
Telegram— {Extract) : 

Temporary Commissioners respectfully urge upon 
President necessity for immediate appointment of a perma- 
nent Chief Commissioner as only means of saving Depart- 
ment. They respectfully suggest Beckwith. 

The temporary Commissioners having taken part in, 
and enjoyed the honors of the grand Imperial Ceremo- 
nies at the opening of the Exposition on the 1st of May, 
resigned their appointments on the next day. 

At this time the President was absent in Connecticut. 
There was a little delay. The recommendation was 
followed, but this time the party recommended was not 
appointed. 

(Number 51.) 

MR. FISH TO MR. JAY. 

Washington, May 10, 1873. 
Telegram : 

President appoints Jackson Schultz Commissioner in 
place of Van Buren, and will appoint as. assistants whomever 
he names. Commission will be forwarded when appointment 
accepted. 

It is useless to pursue the narrative further. General 
Yan Buren had finally been displaced. 



37 

No subsequent testimony taken before the " Special 
Commissioners " added anything whatever to the charges 
against him, contained in the proceedings of the eight 
sessions, of which we have given you an abstract. After 
long delays and excuses, Mr. Jay was finally peremp- 
torily ordered by the Government to close his investiga- 
tion and make his report, which was received towards 
the end of July, and, as stated, a copy of it furnished 
to Mr. C. N. Jordan on the 11th of August, from which 
the preceding extracts have been made. 

In appointing your Committee you made it their 
" duty to ascertain, if possible, aU the information in 
possession of the Government upon which it had acted 
in suspending General Yan Buren." In June last, at a 
meeting called by your chairman, we made to you a re- 
port of our proceedings up to that time, and were re- 
quested to continue our labors. The Government, as 
your Committee understood, had not at the time it sus- 
pended and removed General Van Buren, any informa- 
tion in its possession, except letters and telegrams from 
Mr. Jay. Its action had been based upon these, and 
your Committee could not obtaui copies of them. We 
were promised, however, that when the evidence taken 
by the " Special Commission " was completed and aU 
received at Washington, it would be shown. Ha^dng 
finally obtained a copy of it, your Committee feel that 
their duty is ended by presenting to you the foregoing 
statement as their full and final report. 

Instead of convening you again in order to submit it, 
we have thought it best to publish it in pamphlet form, 
and send a copy to each of the gentlemen who composed 
the assembly of citizens who appointed us. A copy of 
correspondence between the Committee and the Honor- 



38 

able Secretary of State is appended. In thus terminat- 
ing our labor we have the pleasure to assure you that 
notwithstanding all the efforts of Mr. Jay to support the 
allegations preferred by him to the Government, and 
upon which it acted in suspending and removing your 
fellow-citizen and neighbor from office, there is not in the 
testimony given before the " Special Commission " dur- 
ing sessions protracted through a period of nearly three 
months the slightest proof, in our judgment, of any cor- 
rupt, dishonorable or improper act on the part of General 
Thomas B. Yan Buren, as Chief Commissioner from the 
United States to the Vienna Exposition ; and, further, 
that in the published correspondence, evidence is not 
wanting to corroborate the general estimation of the 
great ability, energy and devotion with which he executed 
a most difficult and laborious task, imposed upon him 
without solicitation on his part, and most unwillingly 
accepted by him. If we should attempt to express to 
you our opinion of the conduct of Mr. Jay, the American 
Minister at Vienna, towards him, and of the treatment 
he has received from his own Government, we should be 
compelled to resort to expressions stronger than we de- 
sire to use. 

When your fellow-citizen and neighbor returns among 
you, he will be entitled, if possible, to even more of your 
respect and consideration than when he left, for, although 
the foul breath of slander, aided and blown upon him by 
hostile tongues and lips, could not tarnish his personal 
honor or integrity, — and, although he had deserved well 
of his country for honorable, faithful and devoted serv- 
ice, yet he comes back after having been subjected to 
unjust and ignominious disgrace, without a parallel in 
the history of our country, inflicted or permitted to be 



. 39 

inflicted upon him by tlie government without just cause, 
and which you, in common with all citizens of New Jer- 
sey and of our whole country who are lovers of justice, 
have witnessed with deep regret and mortification. 
Respectfully submitted. 

Daniel Drake Smith, 
"Washington R. Vermilye, 
J. Wy man Jones, 
Edward A. Walton, 
Conrad N. Jordan. 
Englewood, September 15, 1873. 



APPENDIX. 



^•^ 



Correspondence Between the Committee and the Secretary 

of State. 



■^—^ 



57 AND 59 "William Street, ) 
New York, May 23, 1873. j 

Hon. Hamilton Fish, 

Secretary of State, Washington. 

Dear Sir : — A committee, consisting of W. K. Yer- 
milye, J. Wyman Jones, E. A. Walton, C. N. Jordan and 
the undersigned, was appointed by a large meeting of 
citizens of New Jersey, friends and neighbors of General 
Thomas B. Yan Buren, for the purpose of procuring a 
copy or a rehable statement of all the charges and rep- 
resentations in possession of the Government, upon 
which it removed him from the office of Commissioner to 
Yienna, under circumstances and in a manner which 
put upon him and his family, in the presence of all 
Europe, an indignity and disgrace which, it is beHeved, 
has no parallel in the history of our Government in its 
treatment of any citizen. 

When the Committee visited Washington, on the 21st 
inst., they hoped to have had the honor of a personal 
interview with you, but you was then absent ; and I am 
now directed to communicate with you in this manner, 
as Chairman of the Committee, and to respectfully re- 
quest that you will kindly furnish us with a copy of all 
the charges or representations of any and every nature, 
and by whomsoever made to the Government, whether 
from Yienna or here at home, and the evidence in sup- 
port thereof. 

The Committee has been informed that there is daily 



41 

expected a report of proceedings at Vienna, by or before 
the Hon. John Jay and Mr. Thomas McEh-ath, or some 
other persons acting as a " Special Commission," or in 
some other capacity. I am, therefore, also directed to 
respectfully request a full copy of the same when re- 
ceived, or all such parts thereof as relate to any charges 
against General Van Buren. 

If the expected report, or the above indicated portions, 
prove to be voluminous, in order to relieve the clerks of 
the Department the Committee will, if permitted, send a 
person from here to make the copy, or will defray the 
proper charge of any one employed by the Department 
for that purpose. 

We hope for an early and favorable response to our 
application. 

With the highest respect, 

Your obedient servant, 

Daniel Drake Smith, 

Chairman of Committee. 



New York, May 23, I873. 

Hon. Hamilton Fish, 

Washington. 

Dear Sir:— There recently appeared in the public 
papers a certain specific charge agaiast General Van 
Buren, which was so worded as to convey the impression 
that it emanated directly from the Secretary of State. 

An immediate inquiry, made here by three respectable 
gentlemen of the party named in the publication as hav- 
ing preferred the charge, proved that it was iucorrect. 
We have in our possession a detailed statement of the 
inquiry, with the affidavits of the gentlemen who made it. 

In reference to the pubUcation of the charge referred 



42 

to, which has been widely disseminated, and has done 
injury to General Van Buren, it is proper to say that the 
Committee understood from the President that you had 
taken measures to deny, or to cause to be denied, the 
correctness of the statements it contained. 
With, great respect. 

Your obedient servant, 

Daniel Drake Smith, 

Chairman of Committee, 



Depaetment of State, ) 
Washington, May 24, 1873. j 
Daniel Drake Smith, Esq., 

New Yorh 

Sir : — I have the honor to acknowledge the receipt of 
your letter of the 23d instant, with a request for a copy 
of all " the charges or representations of any and every 
nature, and by whomsoever made to the Government,, 
whether from Vienna or here at home, and the evidence 
in support thereof " relating to General Van Buren. 

In reply, I have to say that if is a long established 
rule of this Department, founded in obvious propriety,, 
not to furnish copies of charges against persons in the 
public service under the Department of State, until the 
person accused has had an opportunity to examine them. 
It is understood that the investigation at Vienna has 
been prolonged at the request of the parties accused. 
When the evidence all reaches the Department, General 
Van Buren will have ample opportunity to examine it, and 
I hope that he may be able to answer and refute anything 
which it may contain derogatory to him. 

I am, sir. 

Your obedient servant, 

Hamilton Fish. 



43 

New York, May 27, 1873. 
Hon. Hamilton Fish, 

Secretary of State, Washington. 

Sir : — I have the honor to be in receipt of yours of 
24th of May, in reply to mine of 23d idem, — in which, 
as Chairman of a Committee of citizens, I requested a 
copy of the charges or representations in relation to 
General Van Buren, upon which the Government had 
acted in removing him from the office of Commissioner 
to Yienna. 

Tour letter informs the Committee that it is " a rule 
of the Department, founded in obvious propriety, not to 
furnish copies of charges against persons in the public 
service under the Department of State, before the person 
accused has had an opportunity to examine them." 

The Committee respectfully desire to call your atten- 
tion to the fact that, in the letters of General Yan Buren 
to the President and yourself, under date of 26th and 
28th ultimo, he says that, " without explanation — without 
the least information as to what I am accused of, or who 
are my accusers, I have been degraded, condemned and 
punished ;" — and he prays for the privilege of knowing 
for what. 

As the action of the Government in this case has pre- 
ceded any information given to the accused, or any " op- 
portunity to examine " and refute the charges ; and as 
General Yan Buren is absent, at a great distance from 
the seat of Government, the Committee, feeling author- 
ized by him and by his friends and neighbors to act in 
his behalf, did not conceive that it would be unreasonable 
or improper to request, in unison with his own personal 
solicitations, a copy of the charges or representations 
upon which the Government had acted. 

The President, in a recent interview which the com- 
mittee had with him, did not appear to consider our re- 



u 

qaest an unreasonable or improper one, and remarked 
that you would probably confer with him on the subject. 

We had therefore indulged the expectation that it 
would be granted, and are now disappointed at the re- 
fusal of the Department. 

Justice and the ordinary rules of law require that an 
accused person should have the right " to be informed 
of the nature and cause of the accusation." Now, we re- 
spectfully submit, that if he is judged and condemned 
without such information having been accorded to him, 
and without being confronted with his accusers, the pro- 
priety of a rule which afterward withholds the informa- 
tion from his friends and fellow citizens, may not be 
obvious to those who are impatiently waiting for justice 
and reparation to a fellow citizen in whose personal 
honor and integrity they have unabated confidence, and 
who, in their opinion, has been wrongfully treated, and, 
by the action of our Government, subjected to an un- 
paralleled and undeserved indignity. 

I have the honor to be, with great respect, 
Your obedient servant, 

Daniel Drake Smith, 
Chairman of Committee. 



Department of State, 
Washington, May 29, 1873. 

Daniel Drake Smith, Esq., 

New York. 

Sir : — I have to acknowledge the receipt of your letter 
of the 27th instant ; the subject to which it refers is re- 
ceiving respectful consideration. 
I am, sir. 

Your obedient servant, 

Hamilton Fish. 



45 

New York, June 7, 1873. 
Hon. Hamilton Fish, 

Secretary of State, Washington. 

Sir : — I duly received your favor of 29th May, in which 
you state that the subject referred to in mine of 27th 
idem, was receiving respectful consideration. 

Permit me, therefore, to renew once more the requests 
contained in my letter of 23d May, and to express the 
hope that the consideration which has been accorded to 
the subject will result in your now granting our requests. 

I affix hereto a slip from the New York Times, of this 
morning, in which it is stated that " evidence in the case 
of the Vienna Commissioners has reached the State 
Department." 

I have the honor to be. 

Your obedient servant, 

Daniel Drake Smith, 
Chairman of Committee. 



Department of State, 
Washington, June 10, 1873. 
Daniel Drake Smith, Esq., 

New Yo7^h 

Sir : — I have to acknowledge the receipt of your letter 
of 7th inst. A part only of the testimony taken in 
Yienna before the Commission appointed by the Presi- 
dent has been received at this Department ; that received 
is quite voluminous. It is understood that the examina- 
tion was being continued at Vienna at the request of 
General Van Buren, or of the gentlemen who had been 
appointed under him. 

On the reception of the remainder of the testimony 
and the close of the examination I shall very readily ex- 



46 

hibit to any person, whom General Van Buren shall 
designate for that purpose, the correspondence and the 
result of the enquiry in Vienna. 

As a friend of General Van Buren I think that you 
will appreciate the desire on the part of the Department 
of an adherence in this case to its general rule, not to 
exhibit anything bearing upon the official conduct of any 
person appointed under the Department, other than to 
the party himself, or his authorized representative, or in 
response to a call from Congress. 

As neither the Department of State or the President 
has charged upon General Van Buren, or upon his Com- 
mission, anything more than "irregularities," I regret 
that public opinion has been directed to the consideration 
of charges which have never been endorsed by any ex- 
pression or utterance of the Government. What may 
be the result of the investigation now making, or of the 
publication of correspondence which has been had, I do 
not undertake to predict an opinion. 

So far as the Government or the Department of State 
are concerned, the suspension of General Van Buren 
stands upon the same footing with the suspension or re- 
moval of other officials who hold their office for an 
undefined term, who are removed upon the suggestion of 
causes sufficient in the judgment of the President to 
demand a change, without the necessity of advancing or 
proclaiming any charges against the party removed. 
The Government has preferred no charges against Gen- 
eral Van Buren. Whatever may have been pubHshed 
to his discredit has been without the agency or the sanc- 
tion of the Government, and has been much regretted 
by the President and by myseK, who will both rejoice to 
find that he may be able to reHeve himself from the 
allegations which are made against him. 

I am, sir. 

Your obedient servant, 

Hamilton Fish. 



47 

New York, June 14, 1873. 
Hon. Hamilton Fish, 

Secretary of State, Washington. 
Sir : — I have the honor to acknowledge the receipt of 
jour letter of 10th inst., and now beg to inform you that 
in answer to a telegram inquiring if the examination at 
Yienna was continued at his request, General Yan Buren 
has replied in the negative. 

The Committee notice that, " on the reception of the 
remainder of the testimony and the close of the exam- 
ination you will readily exhibit to any person whom Gen- 
eral Yan Buren shall designate for that purpose, the 
correspondence and the result of the enquiry at Yienna." 

Your remark that " The Government has preferred no 
charges against General Yan Buren," appears a little 
ambiguous, as it is preceded by another statement that, 
" neither the Department of State or the President has 
charged upon General Yan Buren, or his Commission 
anything more than ' irregularities.' " 

The Committee have understood, and they believe the 
country understands, that a charge of " irregularities " 
was made by Mr. Jay through the State Department, ac- 
companied by a recommendation upon which the Gov- 
ernment has acted, — and by so doing, it may be said, in 
this case, to have virtually " proclaimed a charge against 
the party removed." 

It is understood that the Government is now waiting 
for the termination of the investigation, in order to 
ascertain what evidence has been found to support its 
action in suspending the Commission and removing Gen- 
eral Yan Buren. 

We think it is much to be regretted that, under any 
circumstances, the Government followed the unwise 
recommendation to suspend the Commission, thus cre- 
ating an unnecessary pubhc scandal to the detriment of 
the national character, inflicting grievous and almost ir- 
reparable '^Tong upon several honorable American citi- 



48 

zens by their ignominious suspension from office, and 
following it up by the establishment of a tribunal to 
search for testimony in a foreign capital to blacken their 
characters ; and the Committee cannot but express sur- 
prise that the GoYernment should still be waiting for 
evidence Avhich ought to have been obtained before it 
acted upon charges affecting the honor and integrity of 
its own citizens. 

The Committee regret to have noticed that, during the 
long interval since the suspension of General Van Buren, 
there have at times been published statements so worded 
as to convey the impression that they either emanated 
from or were based upon information obtained at the 
State Department, and which led to the conclusion that 
there existed somewhere within the Department a spirit 
of unfriendliness and a desire to create an unfavorable 
public opinion against General Yan Buren ; and there- 
fore, they are now much gratified to learn by your letter 
that, " Whatever may have been pubHshed to his dis- 
credit has been without the agency or sanction of the 
Government and has been much regretted by the Presi- 
dent and yourself, who wiU both rejoice to find that he 
may be able to relieve himself from the allegations made 
against him." The Committee feel assured that his per- 
sonal honor and integrity will be unaffected by them ; if 
they did not, they would not be found among his de- 
fenders. 

The want of consideration for his rights and services, 
and the apparent injustice with which he has been 
treated, is believed to be without a parallel in the his- 
tory of our Government ; and when it is ascertained, as 
we doubt not it will be, that injustice has been done, we 
trust there will be no delay in making a proper and just 
reparation by at once restoring him to his office. 

I am, sir, very respectfully, 

Your obedient servant, 

Daniel Drake Smith, 
Chairman of Committee. 



49 

New Yoke, July 21, 1873. 
Hon. Hamilton Fish, 

Secretary of State, Washington. 
SiE : — In your letter of 10th June you kindly informed 
me that a " part only of the testimony taken in Vienna 
before the Commission appointed to investigate the ' ir- 
regularities ' charged against General Van Buren's Com- 
mission had been received," and that " on the reception 
of the remainder of the testimony and the close of the 
examination, I (you) shall very readily exhibit to any 
person whom General Van Buren shall designate for 
that purpose, the correspondence and the result of the 
inquiry in Vienna." 

Presuming that the examination has been closed and 
all the testimony received by this time, I now beg to ac- 
quaint you that Conrad N. Jordan, Esq., of New Jersey, 
is designated by General Van Buren to examiae, in his 
name and stead, all the correspondence, charges and 
testimony in the possession of the Department of State 
in reference to the subject, and has written authority to 
that effect. 

Please inform me if it will suit the convenience of the 
Department to have Mr. Jordan come on at once. 
I have the honor to be. 

Your obedient servant, 

Daniel Drake Smith, 
Chairman of Committee. 



Depaetment of State, 
Washington, July 23, 1873. 
Daniel Deake Smith, Esq., 

New York. 
Sir: — ^Your letter of the 21st instant has been re- 
ceived. 

In reply, I have to state that the report of Mr. Jay 
and Mr. McElrath in the case of General Van Buren, 



50 

comprising three hundred pages of manuscript, was re- 
ceived yesterday. It will take several days to prepare 
the copies. When Mr. Jordan shall have filed with this 
Department his authority to receive 4he papers, his ap- 
plication to examine them will be considered. 
I am, sir. 

Your obedient servant, 

J. C. B. Davis, 
Acting Secretary. 



Department of State, 
Washe^gton, July 30, 1873. 
Conrad N. Jordan, Esq., 

Third National Bank, New York. 
Sir : — I have to acknowledge the receipt of your letter 
of the 28th inst., enclosing the authority given you by 
General T. B. Van Buren to act in his behalf in the 
examination of the testimony taken before the Special 
Commission at Vienna. 

The papers are still in the hands of the copyists. As 
soon as they are completed they will be placed in the 
binder's hands (being voluminous) for the purpose of 
being attached together, and the binder will be instructed 
to have them ready for despatch to you at the earhest 
possible moment. As soon as they come from the 
binder they will be sent to you by mail to your address 
at the Third National Bank, New York, unless the De- 
partment receives advices from you that you desire their 
transmission in some other way. 
I am, sir. 

Your obedient servant, 

J. C. B. Davis, 
Acting Secretary. 
P. S. — Additional evidence in the case has just been 
received from Vienna, which will entail further delay of 
a day or two in the preparation of the papers. Mr. Jay 
has also been instructed to close the Commission. 



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LIBRARY OF CONGRESS 



019 929 379 5 



